IN THE HIGH COURT OF SINDH, KARACHI

Criminal Appeal No. 34 of 2015

Khalid Zafar son of Abid Zafar.…………………..……………….….Appellant

Versus

The State…………..…………………………..…………………....Respondent

Date of Hearing & Judgment :- 24.11.2017

Mr. Muntazir Mehdi, DPG for the State

J U D G M E N T

FAHIM AHMED SIDDIQUI, J: Instant appeal is directed against the impugned judgment dated 24.01.2015 passed by learned Assistant Sessions Judge-VIII, Karachi East, in Sessions Case No.813/2014, intiated vide FIR No.716/2013 registered under Section 394 PPC at PS Gulshan-e-Iqbal whereby the appellant has been convicted for offence under Section 394 PPC and was sentenced to suffer RI for 07 years and to pay fine of Rs.50,000/- and in case of default thereof, to further undergo SI for two months.

2. The case against the appellant is that he was arrested by the police while snatching cash amount from brother of the complainant and succeeded to escape from the scene.

3. Mr. Muhammad Qasim advocate files Memo of Appearance on behalf of the appellant, which is taken on record. He points out that as per jail roll available on record, the appellant has already undergone RI for about 04 years and 06 months out of total RI for 07 years, as such, he submits that some leniency may be taken in the instant case.

4. Learned DPG submits that the appellant is involved in other cases and sentence awarded to him by learned trial Court is correct. He opposed the instsant criminal appeal.

5. I have heard the arguments and gone through the available record. In the instant case, the appellant has been convicted and awarded sentence of RI for 07 years as well as fine of Rs.50,000/-, in default whereof he has to serve SI for 02 month more. As per report of Jail Superintendent, the appellant has served 04 years and 06 months.

6. I have gone through the depositions and it appears that the witnesses are firm and there was no major contradiction in their instance taken before learned trial court. However, I consider that quantum of sentence is excessive. Therefore, while dismissing the instant appeal, I reduce the sentence as already undergone including the sentence in lieu of fine. The appellant is in jail. The Superintndent Prison concerned is directed to release the appellant abovenmed forthwith if he is not required in any other custody case.

J U D G E